XN000022-1994-05-04 — Page 28

WEDNESDAY, MAY 4, 1994

13

PROPOSALS ON CHILDREN GIVING EVIDENCE

BBING FORMULATED

*

LEGISLATIVE

PROPOSALS

AIMING AT

IN

THE

AND ADMINISTRATIVE MEASURES IMPROVING THE SYSTEM REGULATING THE GIVING OF EVIDENCE BY CHILDREN CRIMINAL PROCEEDINGS ARE BEING FORMULATED, THE ATTORNEY GENERAL, HON JEREMY MATHEWS, SAID IN THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).

LAM, MR

IN A WRITTEN REPLY TO A QUESTION BY THE HON MRS PEGGY

LEGISLATIVE PROPOSALS MATHEWS SAID HE HOPED TO PRESENT THE NECESSARY TO THE LEGISLATIVE COUNCIL IN THE 1994/95 SESSION.

THE ATTORNEY GENERAL SAID HE SET UP A COMMITTEE IN JULY 1993 TO OF LOOK AT WAYS AND MEANS TO IMPROVE THE SYSTEM REGULATING THE GIVING EVIDENCE BY CHILDREN IN CRIMINAL PROCEEDINGS.

DIRECTOR

OF PUBLIC

THE COMMITTEE WAS CHAIRED BY THE DEPUTY PROSECUTIONS AND COMPRISED REPRESENTATIVES OF THE BAR ASSOCIATION, THE LAW SOCIETY, THE DIRECTOR OF LEGAL AID, THE COMMISSIONER AND THE DIRECTOR OF SOCIAL WELFARE.

OF POLICE,

MR MATHEWS SAID THE COMMITTEE SUBMITTED ITS REPORT IN 1994 AND AMONG OTHERS, RECOMMENDED THE FOLLOWING :-

-

JANUARY

TO CIRCUMSTANCES,

BE

CHILDREN OUGHT, IN CERTAIN DEFINED

VIDEO LINK, ALLOWED TO GIVE EVIDENCE THROUGH A TELEVISION

THE COURT, THEN IN THE FROM A ROOM, IF NOT ADJACENT TO COURT BUILDING. THIS WOULD APPLY TO CHILD WITNESSES GIVING EVIDENCE IN RELATION TO OFFENCES INVOLVING THE SEXUAL ABUSE OF A CHILD, THE PHYSICAL ABUSE OF A CHILD, OR CRUELTY TO CHILD. THIS PROPOSAL WOULD AVOID THE STRESS PLACED UPON

GIVING OF

EVIDENCE CHILD

IN THE

AND OPEN, INTIMIDATING COURT ENVIRONMENT;

THE PRIMARY EVIDENCE OF THE CHILD WITNESS, OFFENCES WITHIN THE THREE CLASSES MENTIONED, VIDEO RECORDED AT AN EARLY STAGE BY THE SOCIAL WELFARE DEPARTMENT AND POLICE:

A

SOMETIMES

IN RELATION ΤΟ OUGHT TO BE PERSONNEL OF

TRAINED

ORDINANCE

AS THE REQUIREMENT IN SECTION 4 OF THE EVIDENCE

THE CHILD SHOULD BE TO CORROBORATION OF THE EVIDENCE OF

INCUMBENT ABOLISHED. IT SHOULD, IN ADDITION, NO LONGER BE UPON THE COURTS TO GIVE WARNINGS AS TO THE DANGERS INHERENT IN CONVICTING AN ACCUSED ON THE UNCORROBORATED EVIDENCE A CHILD; AND

ALL

SHOULD CHILDREN

GIVE THEIR EVIDENCE

UNSWORN,

OF

ANY SHOULD PRESUMPTION AS TO A CHILD'S INCOMPETENCE TO TESTIFY

SAME WAY AS CRASE, AND CHILDREN SHOULD BE TREATED IN THE ADULTS.

ΤΟ AVAILABLE

GIVE RELEVANT BE HEARD. THE UNDERSTANDABLE EVIDENCE, THE CHILD SHOULD COURT WILL THEN EVALUATE THAT EVIDENCE AND DECIDE HOW RELIANCE TO PLACE UPON IT.

CHILD IF A

IS

MUCH

/MR MATHEWS